Dec 7, 2012 4:00pm PST
the doma case. gay marriage advocates who want the defense of marriage act struck down say doma creates a gay-only exception to federal recognition of state licensed marriages. and we believe that the federal government should stop discriminating against same sex couples legally married by their states. but defender of traditional marriage between one man and one woman say, quote: since president bill clinton signed doma into law, 30 states have followed suit by incorporating the definition of marriage into their constitutions. voters in these states will not accept an activist court redefining our most fundamental social institution. arguments on both cases are likely to be in march and rules likely in june. shep? >> shepard: we got another announcement from the supreme court today. it's going to take up another case that really could effect what we all pay for prescription drugs. >> right. this is about the battle between more expensive brand name drugs and cheaper generic drugs. some of the brand name companies pay the generic drug makers to keep cheaper drugs off store counters whi
Dec 8, 2012 5:00am PST
. the other case called windsor versus doma originated in new york and challenges the constitutionality of the defense of marriage act. we're going to talk about this a little bit more this morning, and we'll have our legal contributor paul callan discuss it with us right after this break. i always wait until the last minute. can i still ship a gift in time for christmas? yeah, sure you can. great. where's your gift? uh... whew. [ male announcer ] break from the holiday stress. ship fedex express by december 22nd for christmas delivery. up high! ok. don't you have any usefull apps on that thing? who do you think i am, quicken loans? ♪ at quicken loans, our amazingly useful mortgage calculator app allows you to quickly calculate your mortgage payment based on today's incredibly low interest rates... right from your iphone or android smartphone. one more way quicken loans is engineered to amaze. ♪ home of the legendary grand prix circuit. the perfect place to bring the all-new cadillac ats to test the 2.0-liter turbo engine. [ engine revs ] ♪ [ derek ] 272 horsepower. the lightest i
Dec 3, 2012 8:00am PST
a decision that's down the road. there's a variety of different ways they could decide on doma. you know, they don't have to decide on equal protection grounds but the narrow question of benefits or certain benefits or certain tax breaks that married people who happen to be same sex should get or shouldn't get. so, there's a whole range of ways they could consider this. it doesn't mean they're just going to go in and determine that a law against same-sex marriage is illegal discrimination. there are a lot of other things they can do with it. >> benefits are one thing. recognition and allowance is another thing. here's the other thing. it is real hard to get breaking material and information out of the supreme court before they're ready to give it but on occasion good connections yield something and yet a lock-up in terms of what they might do with prop 8 and doma. >> yeah. that's true. but you have to remember, on these big, sweeping social issues that the court has decided throughout history, desegregation of public schools comes to mind, brown versus the board of education, that sat on
Dec 7, 2012 9:00am PST
early next year. in fact, ten cases related to the federal defense of marriage act, or doma and proposition 8 are pending against supreme court justices right now. at least one of them is going to make it to their docket. we could find out which one today about early next week or so. i'm joined by our legal analyst jeffrey tubin. remind us what are the court's oping whz it comes to marriage equality, and the differences here between doma and prop 8. >> well, defense of marriage act -- defense of marriage act was signed by president clinton in 1996, and it's a law that says the federal government, all as pecks of the federal government, including the internal revenue service will not recognize same-sex marriages even many states where same-sex marriage is legal and two appeals courts have held that that is unconstitutional, that it is unlawful discrimination. the obama administration agrees that this law is unconstitutional. it's now being defended by a lawyer hired by the house of representatives, and the case about is the defense of marriage act constitutional, that is one.